[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR90.49]



[Page 431]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 90_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

    Subpart D_Investigation, Conciliation and Enforcement Procedures

 

Sec.  90.49  Remedial and affirmative action by recipients.



    (a) Where a recipient is found to have discriminated on the basis of 

age, the recipient shall take any remedial action which the agency may 

require to overcome the effects of the discrimination. If another 

recipient exercises control over the recipient that has discriminated, 

both recipients may be required to take remedial action.

    (b) Even in the absence of a finding of discrimination, a recipient 

may take affirmative action to overcome the effects of conditions that 

resulted in limited participation in the recipient's program or activity 

on the basis of age.

    (c) If a recipient operating a program or activity which serves the 

elderly or children in addition to persons of other ages, provides 

special benefits to the elderly or to children the provision of those 

benefits shall be presumed to be voluntary affirmative action provided 

that it does not have the effect of excluding otherwise eligible persons 

from participation in the program or activity.



[44 FR 33776, June 12, 1979, as amended at 70 FR 24322, May 9, 2005]